The Republican journal. [volume] (Belfast, Me.) 1829-current, 1887-04-14


or withdrawn therefrom any part of his deposit or
any part of the interest thereon for period OF
more than twenty years next preceding; provided.
however that this act shall not apply TO the deposit
made by any person known to the bank TO be living.
Section2. The bank examiner shall communicate
the statements which have been delivered to him. as
provided in section one, in his next annual report
to the governor and council.
Section 3. The treasurer of any savings bank or
institution of savings neglecting refusing to
make the sworn statement required by section one.
shall be fined ten dollars.
tApproved March IL. 1881
Chapter 1877.
AN ACT to abolish Imprisonment for Debt except
in cases of fraud.
BE it enacted &C. rs follows
Section l. No execution issued judgment
founded on "A contract express implied, or on a
prior judgment oiLcohract shall against the
body at the judgment debtor, except as hereinafter
provided, unless the debtor arrested on the
original writ provided in section two of chapter
one hundred and thirteen Of the revised statutes.
Section ,. The owner of such a Judgment re-
naming uIisatisted in any part, may have disclo-
sure of a Judgment debtors business affairs at any
time, by proceeding rs hereinafter provided.
Section 3. Such owner, or his attorney, may
make application III writing to disclosure COM
missioner judge of probate, register of probate.
judge Of municipal or police court, IN the county
III which the judgment debtor resides, stating the
amount OF the debt and OF the for which said
Judgment was rendered, the court and term at
witch 1t was rendered, tue names of the original
parties, the title of the petitioner and praying for
subpoena 10 issue 10 the debtor TO appear and make
disclosure.
Section 4 Such magistrate shall thereupon issue
under his hand and seal subpoena to the debtor,
commanding INN 10 appear before such magistrate
WITHIN SAID county, at a time and place therein
named, To make full and true disclosure on oath,
OF all his business and property affairs. The appli.
cation shall be annexed To the subpoena.
Section 5. The subpoena may he served by an Of
fcer qualified to serve civil process in said county
as other subpGnas are served. The debtor shalt
have t.enty-fours' notice Tor every twenty mites
travel from his home or place of abode at the time
OF service to the place OF disclosure
Section g. At such time and place, the debtor
shall appear and submit himself To examination
oath concerning his estate and effects, their dispO-
sal and his ability to pay the judgment.
section l. The petitioner may propose to the
and If he requires IT, they shall be answered in
writing and signed and sworn TO by the debtor.
Section 4. Ii, on such examination and hearing
the magistrate Is satisfied HAT the debtors discO-
is trne, and does not discover anything therein
inconsistent with his taking the OATH the magis-
trate may administer to him the oath prescribed by
section thirty OF chapter one hundred and thirteen
OF tine revised statutes.
Sections. When, from such disclosure, Il APP
pears that the debtor possesses has uutler his
control, any bank bills, notes, accounts, bonds. or
other contracts or property not exempted by Stat
ute from attachment, which Cannot be co: 20 Mt to
be attached and the petitioner and debtor cannot
agree TO apply the same towards the debt, mag
istrate hearing the disclosure, shall apprase and
set oil enough of such property to satisfy the debt
cost, and charges and the petitioner his attOr-
ney, ii present, may select the property TO bs APP
praised. Ii the petitioner accepts it, 1t may 10
assigned and delivered by the debtor to him, and
applied toward the satisfaction OF his demand. II
any particular article OF such property, necessary
or convenient to be applied III satisfaction of tho
execution, exceeds the amount due thereon, and u
not divisible in its nature, the petitioner may take
II, by paying the overpus to the debtorfor securing
1t to the satisfaction Of the magistrate.
Section TO- If the petitioner is absent, or does
not 40 accept 1t, the debtor shall deposit with tho
magistrate u written assignment TO the petitioner,
OF all the property thus appraised and set of; and
the magistrate shall make record Of such pro-
ceedings and cause such property to be safely keps
tnFf IR ftt hlFfv do fkQVH ffAr
to be delivered To the petitioner With, the assign
ment, on demand, within that time. II not 70 do.
manded. they shall be returned to the debtor.
Section H. II an execution debtor discioses real
estate liable to be seized execution the nagis.
trate shall give the petitioner certificate thereof,
stating the names Of the parties and the amount Of
the execution; and the petitioner shall have lien
thereon for thirty days thereafter IL he dies the
or district where the real estate lies. within ays
days from the date of the disclosure; and the reg.
lister shall enter aud tile it like otcers returns q
Section r. II he discioses personal estate liable
to be seized on execution the petitioner shall have
lien on It, or SO much OF 1t ~ the magistrate In
his record judges necessary. for thirty days; and
the debtor transfers, conceas otherwise dsposos
Of 1t within said time or suffers It to be DONE OF
refuses to surrender it, on demand. to any proper
ofiicer having an execution on the Judgment,
the debtor shall have no benefit from the certi6-
cate described in section nineteen; and the petit
toner may recover In action the case against
him,cr any person fraudulenty aiding in such frns-
fer, concealment, or disposal, double the amount
Que on .aid execution; aud any execution GU ?
hes OF the debtor and other persons aiding, but
the payment thereof is satisfaction OF the orgi.
Section u. II said magistrate finds reasonable
cause to believe that any other person holds any
property or credits Of the debtor In trust for him,
or IN fraud Of his creditors, or il the petitioner
email make OATH that he believes that such other
person 90 holdsYfoperty Of tho debtor. the magis-
trate shall issue similar subpoena 70 such person
to appear and testify in relation thereto the same 70
BE- served a. subpGnAs In civil suits. The testimony
Of such witness may be reduced 70 writing, and
signed BY him. and IL II shall satisfactorily appear
70 the magistrate. from all the evidence the case,
that such person 90 hods property credts Of tho
debteI he shall 90 certify upon the execution; and
the petitioner shall have lien upon said property
or credits for thirty days succeeding such discio-
sure to be enforced BY bill in equity trustee pro-
ccss, and upon such bill in equity or trustee pro-
cess, the court finds such property credits 70 b
20 held =. Aforesaid, II may order the same. or 20
Judgment md all COSTS % be conveyed Transferred
Or a.signed 70 tho petitioner; and II the parties
credit; they shall b. a..ighed = The pstitlOnsi
surety, accepted by the court 70 account for epd